Lowell claimform - old Creation Finance loan debt***Settled Tomlin Order***

[AndyOrch]

Update - it seems they are proceeding. On the 7th June I received letters dated 5th June:

 

1) Copy of the CCA - signed and original copy.

2) Notice of assignment from June 16. Unsure if this is real or not. Thin copy.

3) Letter with a copy of Directions Questionnaire which they tell me have been lodged with court. This states small claim track

4) Letter stating they will provide the Statement and also Default notice. They are yet to provide these.

 

So in summary they are proceeding, but do not have the Default notice or payment info.

 

Questions:

 

1) The 28 days is coming up to and end (the time they have to proceed). Can they proceed without giving me all the info I require within this time frame? Yes

 

2) They have not told me my account is off hold. Do they need to formally do these letters assume this? Was never on hold..its subject to a court claim and the courts timetable

3) Anything else I should do now?

Await your DQ from the court and scan upload the documents they have sent (redacted)

 

I also have no response from court yet. Response for what?......acknowledgement of your defence ?

Thanks for help as always.

 

Andy

[D1ngle]

Thanks Andy,

 

When I say no response from court I meant no DQ yet. I have had confirmation of Defence.

 

So looks like the next action is just to wait for DQ and scan?

 

Thanks

 

D

[AndyOrch]

[D1ngle]

Thank you! Really appreciate it.

[D1ngle]

Hi, back from a week away with work and have received the Notice of Proposed Allocation to Small claims track. I have also recieved the Small Claims Direcions Questionnaire (form N180). I have scanned and attached the DQ, but it seems just the standard doc template.

 

Lowells have still not sent me any additional items.

 

The letter also contains some info about mediation.

 

Any advice on what to write on this?

 

I think it's quite self explanatory and quite a basic completion, but I may be wrong. Seems my defence basically rests on Lowell not providing me any info, but right now I can't enter any of that on this form so I complete it and wait?

 

This is looks to be definitely going to court at this point and Lowell will see it through?

 

Thanks

 

D

Small Claims.pdf

[dx100uk]

We know what an n180 looks like!

Doesn't mean its going anywhere near a court

Its a std form

You have already filed your defence

Witness statement next

 

We need to see their CCA return please to one multipage PDF

Follow the upload

 

For the n180

Yes to mediation

1 to wit..you

The rest is obv

 

1 copy to court

1 copy to Lowell's sols

Unsigned without email or phone

If you wish

[D1ngle]

Thanks for the reply!

 

I did wonder if it was worth posting this as it was just standard.

 

Copies of CCA attached with the notification of transfer.

The CCA looks legit and was signed on the 23rd 2012 and it shows this was the date for both parties.

 

I am unsure the date they actually signed it.

 

The notice of transfer is just a plain copy with no letterhead.

I don't even know who this is from - Lowells or Creation?

 

This debt was not on my debt management plan.

 

As for next steps:

 

On the witness statement I would really appreciate the key points if you can help with any pointers?

 

Mainly I would write statement around my defence and the info I haven't been sent and/or the time I have had the info means it is too early for court? Or something else?

 

Thanks again

 

With attachment!

CCA Cre Red.pdf

[dx100uk]

is that all they sent with their proposed ws?

we need the text of the WS too please

 

what date did you file your defence

or

look on mcol and see what date is was acknowledged.

I've hidden that upload

please follow the guide!!

we can see your details thru the sticky note.

 

just because they've sent you their WS

and you've got your N180 from the court

doesn't mean it going anywhere

nor have they allocated a date yet for court anyway...?

[D1ngle]

They haven't sent a witness statement? All I have is "particulars of claim" on the first claim form I was sent?

 

Would the WS come from the court or Lowell?

 

I definitely filed Defence in plenty of time. I'm on a mobile at the moment but will be back infront of a computer tomorrow so will double check the date. I am pretty sure it was the 18th May.

 

Thanks for hiding that. I did check and it I couldn't see through, must be the device I'm on.

[dx100uk]

yes sorry I thought they lowells had pulled their usual stunt of sending their proposed WS early to unsettle claimant.

just get that DQ back as post 31

 

 

are you sure lowells replied in time

as they only had 28days from defence filing date

or have you checked with the court they've paid the fee, if they missed the deadline

might not be going anywhere

your WS is weeks away then.

 

 

if it goes that far.

that NOA is ok but if that's all they've sent as the CCA return its woefully incomplete

no T&C's for a start.

[D1ngle]

When you say "did Lowell's reply in time"?

 

Reply with what?

They were the ones who initiated the claim so they sent the particulars of claim via the court,

but they sent the CCA and everything else I asked for after the deadline for Defence which was in May.

 

 

They sent the CCA on the 7th June but the deadline was in May.

The deadline based on my CPR requests was in May also.

 

I will double check MCOL and the dates and payments.

 

That is definitely all they sent. They sent the two pages together.

 

Thank you for the response here, really helping calm me down!

 

 

Appreciate it.

[dx100uk]

from when you file a defence they have 28 days to do 'something' with the court ...to not you..

 

 

if they didn't respond in time

then the claim got autostayed and they'd have to pay a fee to lift the stay.

that wont be on mcol you'd have to ring northants bulk and ask

[D1ngle]

They did respond in time. I have just found their N180 that they sent to me. This states they will accept mediation and have zero witnesses (included themselves - is this right? How can they have no witnesses?)

 

So my next action is to respond to the N180 stating I will accept mediation and state 1 witness (me)? The send a copy to court and Lowell.

 

Then make a witness statement at a later date?

 

Thanks

 

D

[dx100uk]

yep

 

 

they always make the wit error

hangover from the days of brian carters sols

[D1ngle]

Thanks,

 

I'll send off the N180 and wait for a response. I assume it will be asking for my witness statement.

 

Thanks and appreciations again.

[dx100uk]

so as post 31 then.

mediation first.

 

 

then you might get a WS request from the COURT.

 

 

 

 

dx

[D1ngle]

Thanks

[D1ngle]

Hi, finally had an update.

 

I have had no more info from Lowell, but now have a "Notice of Allocation to the small claims track".

 

Basically just states that "Judge has considered the statements and has filed to the small claims court". Then requests the claimant pays £115 or files a properly completed application by Sep 6th then the claim will be struck out. The date is the 4th oct for the hearing.

 

What do I do from here?

 

Hope they don't pay the £115? Then if they do just go and give the defence that they haven't provided me with the information I requested?

 

Thanks

 

Dan

[dx100uk]

witness statement time for you

needs to be filed to the court AND the claimants sols 14 days prior to the hearing

 

 

dx

[D1ngle]

Okay thanks. My Witness statement will take me back through the process i.e. They contacted me, I asked for XYZ and they haven't provided me with this detail?

 

And mention the fact some info is completely missing and some is woefully lacking detail?

 

Thanks

 

D

[AndyOrch]

No not a timetable of events...your witness statement should support your defence and detail the errors of their claim...try to wait until/if you receive theirs then you can counter their arguments.

[D1ngle]

Okay got it. Thanks. I'll wait a week or so then draft and post here.

 

Thanks again.

[D1ngle]

Hi All,

 

FYI I haven't received a copy of their defence yet so I'm just going to have to write mine.

 

Composing now and will post up a copy.

 

How can I check if they paid the £100? Will it be on the system or call up?

 

Here is my witness statement body copy.

I believe the point here is that I don't have all the info requested and can't make a decision on if I owe what they state?

 

Also you mentioned the CCA was not detailed enough. Can you explain so I can add this please?

 

Also I have only been sent the single page CCA, and two blank letter copies on really basic copy (look like I could have written it)

one apparently from Creation and

one from Lowell

 

 

just stating my debt has been sold and one where Lowells intro themselves.

This isn't the default notice right?

 

Witness Statement:

 

1) In April I received a letter from Lowells solicitors notifying me of legal action against me against a debt that was not included on past debt management. On April 24th I made a formal request pursuant to s.77 or 78 of the*Consumer Credit Act 1974 to provide a true copy of the CCA and other documents depending on what the alleged debt refers proof of debt.

 

2) On May 5th I received a letter stating Lowell did not have these documents and my account was on hold.

 

3) Within April and within 14 days of the date of service of 18th April 2017 I issued my defence and wrote to Lowells solictors with a request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of the documents mentioned in their Particulars of Claim. This was for:

 

a. The agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

b. The Default Notice.

c. The Notice of Assignment.

d. Details and copy of the notice provided to me of the assignment.

e. The details and proof of the requests for payments for £1,199.77.

f. Full statement of account with detail of original amounts plus how the £1,119.77 was calculated.

 

4) In mid June I received a letter dated the 5th of June stating including a new balance of £1434 with a single page photo copy of a loan agreement, what appears to be a a plain white page copy of a letter introducing Lowells and same quality copy of a letter from Lowells introducing themselves.

 

5) As yet I have not received:

 

a. A default notice.

b. Details and requests for payment for £1,199.77

c. Full statement of account.

 

6) The copy of the CCA is inadequate (WHY please?)

 

Thanks again for all your advice.

 

D

[AndyOrch]

Hi All,

 

FYI I haven't received a copy of their defence yet so I'm just going to have to write mine.

 

Composing now and will post up a copy.

 

How can I check if they paid the £100? Will it be on the system or call up?

 

Cheers

 

D

 

Ring the court and ask.

[D1ngle]

Ring the court and ask.

 

Called up and they have paid. Strange no witness stamens yet. Deadline is two days.

 

Thanks

 

D